House of Lords Journal Volume 12: 9 December 1670

DIE Veneris, 9 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Courtney's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Francis Courtney Esquire to join with Sir William Courtney his Father, in a Conveyance for settling their Estate."

Ld. Irwin's Bill.

Hodie 3^a vice lecta est Billa, "An Act for empowering the Executors and Trustees of Henry late Lord Ingram, Viscount Irwin in the Kingdom of Scotland, deceased, to sell certain Lands, for the Payment of Debts and Legacies."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Bill to prevent Arrests of Judgement.

Hodie 2^a vice lecta est Billa, "An Act for Continuance of a former Act, to prevent Arrests of Judgements, and superseding Executions."

ORDERED, That the Consideration of this Bill be committed to these Lords following:

Their Lordships, or any Five or more of them; to meet To-morrow, at Three of the Clock in the Afternoon, in the Prince's Lodgings.

Bill to prevent Frauds of Servants.

Hodie 2^a vice lecta est Billa, "An Act to prevent certain Frauds and Abuses committed by Servants."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill for preventing Arrests of Judgements is.

L. Byron's Privilege.

The House being informed, "That Jeremy Hargrave and Henry Whitacre, now in the Custody of the Gentleman Usher attending this House, for arresting Abraham Scoffield, menial Servant to the Lord Byron, contrary to the Privilege of Parliament, hath made his humble Submission, and acknowledged his Fault, as was testified by the Lord Byron, who interceded to the House for his Releasement, and that their Lordships would pardon him for his Offence committed also against this House:"

Hargrave et al. to be discharged.

It is ORDERED, That the said Jeremy Hargrave and Henry Whitacre shall be brought to this Bar To-morrow Morning, as Delinquents, and receive the Reprehension of this House for their said Offence, in order to their Releasement.

Concerning Delinquents being brought to the Bar.

It was moved, "That the Question might be put, Whether it shall be added to the Standing Orders, That every Man who stands committed and convicted by this House for Breach of Privilege of this House, before he be discharged, shall kneel at the Bar of this House?"

And the Question being put, "Whether this Question shall be put?"

It was Resolved in the Negative.

The Earl of Dorsett, the Earl of Essex, and the Lord Norris, are added to the Committee for the Lord Norris's Bill.

The Earl of North'ton is added to the Committee for Privileges.

Message to H. C. with Ld, Irwin's Bill; and that the Lords have passed two other Bills.

A Message was sent to the House of Commons, by Sir William Childe and Sir Thomas Escourt:

To deliver to them the Bill for empowering the Executors and Trustees of the Lord Viscount Irwin to sell Lands, for Payment of Debts and Legacies, and to desire their Concurrence thereunto.

Also to acquaint them, that this House hath passed the Bill to enable Mary, Elizabeth, and Letitia Hamond, to sell Land; and the Bill for regulating the Making of Kidderminster Stuffs.

Noel versus Nelton, in Error.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause between Sir Martine Noel and others, Plaintiffs in a Writ of Error depending in this House, and William Nelson Defendant, shall be argued, by Counsel on both Parts, at the Bar of this House, on Wednesday the Fourteenth Day of December Instant, at Ten of the Clock in Forenoon; whereof the said Defendant, or his Attorney, is to give timely Notice to the said Plaintiffs, or their Attorney in the said Cause.

Boughey versus Ramsden, in Error.

Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House on Monday the Twenty-eighth Day of November last (with the Transcript thereof), wherein Judgement is entered for George Boughey, against John Ramsden; which said John Ramsden hath not prosecuted his said Writ, by assigning Errors, within Eight Days next following the bringing in of the said Writ and Record (according to the Rules of this High Court), but hath rather brought the said Writ of Error for Delay of Justice and Execution upon the said Judgement:

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Transcript of the said Record, wherein Judgement is entered for the said George Boughey against the said John Ramsden as aforesaid, be remitted; and that he the said George Boughey may thereupon proceed as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement of this House, to be affixed to the Transcript to be remitted, followeth; (videlicet),

"Postea, scilicet, Vicesimo Octavo Die Novembris, Record. & Process. prædict. cum omnibus ea tangentibus, Prætextu cujusdam Brevis dicti Domini Regis de Errore corrigendo per præfat. Johannem Ramsden in præmiss. prosecut. dicto Domino Regi in præsenti Parliamento apud Westm. a prædict. Curiâ (fn. 1) dicti Domini Regis hic transmissum fecit; ad quam quidem Curiam Parliamenti prædict. Georgius Boughey petit quod dict. Johannes Ramsden haberet Diem ad assignandum Errorem five Errores in Recordo & Processu prædict. si &c. super quo Dies dat. suit per Curiam Parliamenti prædicti præfat. Johanni Ramsden, ad Errorem five Errores in Record. (fn. 2) ac Process. prædict. assignand. usque Nonum Diem Decembris, Anno Regni dicti Domini Regis nunc Vicesimo Secundo supradict. idemque Dies dat. suit prædict. Georgio Boughey; ad quem Diem, in eâdem Curiâ Parliamenti apud Westm. prædict. venit prædict. Georgius Boughey in propriâ Personâ suâ, & prædict. Johannes Ramsden (licet solemniter exactus) non venit, nec est Breve suum de Errore predict. ulterius prosecut. proper quod, considerat. est per Curiam Parliamenti prædict. quod Record. prædict. necnon Process. prædict. â Curiâ Parliamenti prædicti, prædict. Nono Die Decembris, remittentur, & quod prædict. Georgius Boughey in Curia dicti Domini Regis coram ipso Rege haberet inde Executionem versus præfat. Johannem Ramsden, de Damnis, juxta Forman & Effectum Judicii prædict. dict. Brevi de Errore ac Processu super inde habit. in aliquo non obstante; ac superinde Record. & Processus prædict. Cur. dicti Domini Regis per Curiam Parliamenti prædict. coram dicto Domino Rege ubicunque &c. remittentur. Et in eâdem Curiâ dicti Domini Regis licet coram ipso Domino Rege jam resident. &c."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, decimum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Bolingbrooke.
Craven.
W.Willoughby.
Chandos.